Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Convention (n° 95) sur la protection du salaire, 1949 - Türkiye (Ratification: 1961)

The Committee notes the Government's report as well as the copies of two court decisions concerning wages, and the comments made by the Confederation of Turkish Trade Unions (TURK-IS).

Regarding the application of Article 12 of the Convention, TURK-IS alleges that, in municipalities and other public sector establishments, wages are not paid regularly, with the amount of wages owed to workers reaching trillions of liras, and that such payments, as those of bonuses and of overtime, among others, are delayed considerably. It refers, in particular, to the inadequacy of the sanctions prescribed for such infringements of the right. TURK-IS also points out the non-application of the Convention to the agricultural sector and small commercial or artisanal enterprises who are not covered by relevant legislation.

As to the first point, the Government admits the existence of some cases in which wages are not paid in time by some municipalities. Regarding the second point, the Government refers to the amendment made to the scope of Labour Act No. 1475 (its extension to the agricultural sector and the small commercial and artisanal enterprises), which the Committee noted in its observation in 1990.

The Committee would emphasize the importance, for the effective application of the Convention, of the supervision of the compliance in practice with the national provisions giving effect to it, including appropriate provision and imposition of penalties for infringements. It requests the Government to supply, in accordance with point V of the report form, information on the application of the Convention in practice, with particular reference to the municipalities mentioned above, and to the agricultural sector and the small commercial and artisanal enterprises. The Committee asks the Government to provide, in particular, information on the numbers of inspections made, infringements of the relevant provisions observed and penalties imposed.